Board of Trustees Meeting
Village of Baxter Estates
315 Main Street, Port Washington, New York

January 7, 2016

7:30PM

Present:               Mayor Nora Haagenson
                                Deputy Mayor Charles Comer
                                Trustee Alice M. Peckelis
                                Trustee Doug Baldwin
                                Trustee Chris Ficalora
                                Village Clerk Yvonne Whitcomb
                                Treasurer Laurence Tuck

                                Village Attorney Andrew Luskin

                                Village Attorney Christopher Prior, arrived at 9PM

 

Also present:   Court Reporter Evelyn Klein, Richard Brody, Lucy Davidson, Colin Wiggins, Jennifer Wiggins, Ross Lumpkin, Margot Gramer, Kathy Coley, Nancy Johnson, Alison Kent Friedman, and Anita Sethi.

Mayor Haagenson led all assembled in the Pledge of Allegiance.

Public Hearing 7:40PM

Mayor Nora Haagenson re-opened the Public Hearing duly advertised in the July 20, 2015 issue of the Port Washington News to consider Bill No. 5 of 2015, a proposed Local Law to amend Chapter 118, which is titled Historic Preservation, to establish certain acts or omissions with regard to properties or structures designated under said Chapter as violations thereof.  Said hearing has been opened and adjourned to time, place and date certain at Board Meeting since the July 20, 2015 publication of the legal notice of the hearing.

A verbatim transcript of the public hearing is annexed to and incorporated into these minutes, as well as a letter dated September 3, 2015 presented to the board.

Close Public Hearing 8:25PM

Regular Meeting 8:26PM

New Business

1.      Local Law 1 of 2016

 

      All those present wishing to speak having been heard, on motion of Trustee Baldwin, seconded by Trustee Ficalora, Bill No.5 of 2015 was unanimously adopted as Local Law 1 of 2016.

 

2.    Village Election

      On motion of Deputy Mayor Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that 315 Main Street, Port Washington be designated as the Official Polling Place for the Village Election to be held on Tuesday, March 15, 2016 from Noon to 9:00PM.

      Offices to be filled at said Election are:

Trustee – Two Year Term (April 1, 2016-May 31, 2018)
Trustee – Two Year Term (April 1, 2016-May 31, 2018)
Trustee – One Year Term (April 1, 2016-May 31,2017)
Village Justice-Four Year Term (April 1, 2016-May 31, 2020)

3.   Manhasset Bay Protection Committee Intermunicipal Agreement

Manhasset Bay Protection Committee Executive Director Sarah Deonarine discussed the changes to the Intermunicipal Agreement, which is renewed every five years.

After discussion, upon motion duly made by Trustee Ficalora, seconded by Trustee Baldwin and unanimously carried, it was

RESOLVED, that the Village be, and it hereby is, authorized to enter into an amended Intermunicipal Agreement among the members of the Manhasset Bay Protection Committee in the form presented to the Village by the Manhasset Bay Protection Committee, which has been reviewed by the Village Attorney, who has recommended that said form is appropriate for execution and delivery by the Village,

NOW, THEREFORE, this Board hereby determines that the Village be, and it hereby is, authorized to enter into and perform an amended Intermunicipal Agreement (“IMA”) among the members of the Manhasset Bay Protection Committee, such agreement to supersede and replace the existing IMA among the Manhasset Bay Protection Committee members, and the Mayor is hereby authorized to execute and deliver same in the name and on behalf of the Village, in the form annexed to these minutes as Exhibit “A.”

4.   DASNY Grant

The following Resolution was proposed for adoption by the Board of Trustees of the Village of Baxter Estates (the “Board”) on this 7th day of January, 2016.

1.         WHEREAS, the Board desires to undertake a project to renovate certain features of the Village Hall, as shall be presented to and approved by the New York State Agency charged with consideration and approval of Dormitory Authority of the State of New York (“DASNY”) Grants, consistent with conversations between Mayor Haagenson and NYS Senator Jack Martins (the “Project”);

2.         WHEREAS, the Board has obtained preliminary cost estimates with respect to the Project, and, on that basis, has determined the maximum expected cost for the Project is $ 75,000;

3.         WHEREAS, the Board finds that the best interests of the Village will be served by undertaking the Project, and pursuing available grants therefor, and to engage in the competitive bidding process or procurement process, as applicable, at a time deemed appropriate by the Board;  

4.         WHEREAS, the contemplated Project to be undertaken by the Board constitutes an “action” under the New York State Environmental Quality Review Act (“SEQRA”), and the regulations promulgated thereunder by the DEC; and

5.         WHEREAS, the Board finds that the contemplated project involves the repair, replacement or rehabilitation of an existing structure or facility on the same site, and counsel has advised the Board that same constitutes a Type II action under 6 NYCRR, Par. 617.5, requiring no further proceedings under SEQRA.

NOW, THEREFORE, the Board hereby determines that:

1.      The contemplated renovation of the Village Hall involves the repair, replacement or rehabilitation of an existing structure or facility on the same site, and, counsel has advised the Board that same constitutes a Type II action under 6 NYCRR, Par. 617.5, requiring no further proceedings under SEQRA by the Board.           

After discussion upon motion of Deputy Mayor Comer, seconded by Trustee Ficalora it was unanimously RESOLVED as follows:

The Village is hereby authorized to undertake the Project, at a maximum project cost not to exceed $75,000, conditioned upon compliance with applicable competitive bidding laws or procurement policy, as applicable, and the receipt of bids or proposals reasonably acceptable to the Village Board.

 5.   Baxter House, 15 Shore Road SEQRA

      After discussion, upon motion made by Trustee Ficalora, seconded by Trustee Peckelis it was unanimously RESOLVED as follows:

WHEREAS, there has come before this Board the application of Sabrina Wu, as owner, with regard to the premises located at 15 Shore Road, Port Washington, New York, known as The Baxter House, for subdivision/partitioning approval (the “Application”), to permit the creation of two building lots out of the existing single building lot, located in the Residence A zoning district of the Village, and which premises are shown on the Nassau County Land & Tax Map as Section 5, Block 5, Lot 61 (the “Subject Premises”); and

WHEREAS, the Board has commenced a public hearing on December 21, 2015 with respect to said Application, at which all members of the public were given an opportunity to be heard; and

WHEREAS, the Board, pursuant to the requirements of the State Environmental Quality Review Act (“SEQRA”), is required to make a determination as to whether the Board should be lead agency for purposes of SEQRA with respect to the Application, and to make an environmental determination with regard to said Application, which is an unlisted action for purposes of SEQRA; and

WHEREAS, the Board has determined, based upon the Board’s review of the application materials submitted by the Applicant, the testimony and other evidence presented to the Board at the Public Hearing, and observations of the Premises made by individual Board members visiting the Premises in connection with their analysis of the Application, that additional information is required before the Board can determine under SEQRA whether the Application, if approved, would likely have any significant adverse impacts upon the environment; and

WHEREAS, the Application proposes the partitioning of the Premises into two lots in connection with a larger contemplated project that also involves the modification and expansion of the existing Baxter House on one of the lots proposed to be created, and the construction of a new single family home on the other lot proposed to be created (the “Project”); and

WHEREAS, if the partitioning proposed or some iteration thereof is approved, then zoning variances will be required with respect to one or both of the proposed parcels, in light of the proposed situation of the existing Baxter House, as proposed to be expanded, on one of the lots, and the construction of a new home on the other lot; and

WHEREAS, application for such variances must be made to the Village Board of Appeals, with appropriate variances granted before the Project as proposed can be implemented; and

WHEREAS, the entire Premises and all structures thereupon have been designated a historic site by the Village Board of Trustees, upon recommendation of the Village Landmarks Preservation Commission, and any modifications or alterations thereto, but for some minor exceptions, require the approval of the Landmarks Preservation Commission, and so the Project will also require application to the Landmarks Preservation Commission and appropriate approvals from it, before the Project as proposed can be implemented; and

WHEREAS, this Planning Board, the initial Village Board entertaining an application with respect to the proposed Project, finds that it is the appropriate agency to serve as lead agency for purposes of SEQRA with respect to the Project, and to make the required determination under SEQRA with respect to the Project,

NOW, THEREFORE, be it hereby

RESOLVED, that this Board declares itself to be the lead agency for purposes of SEQRA with respect to the Project, and hereby directs the Secretary of the Board to (A.) forward to the Village Board of Appeals and to the Village Landmarks Preservation Commission a copy of (i) this resolution, to advise, and seek the consent of, both such agencies, as to the declaration made herein, (ii) the EAF submitted by the Applicant, and (iii) the application materials submitted by the Applicant, and (B.) provide both such agencies with prior notice of all public hearings hereafter scheduled by the Board with respect to the Application.

6.   Reinstated NYS Justice Court Grant 2011

After discussion, upon motion of Deputy Mayor Comer, seconded by Trustee Ficalora it was unanimously RESOLVED as follows:

WHEREAS, in 2011, the Village applied for and obtained a grant under the New York State Justice Court Assistance Program (“NYS JCAP”) to acquire certain assets to be stored or installed in, and used for, the Village Justice Court located at the Village Hall, 315 Main Street, Port Washington (“Grant”); and

WHEREAS, the Grant required that the Village expend funds for the items approved for the Grant by a date certain (“Deadline”), which Deadline has passed, without the Village having made the purchases for which the Grant was approved; and

WHEREAS, the Village elected not to purchase items approved under the Grant by the Deadline because the Village did not, until after the Deadline, acquire title to Village Hall; and

WHEREAS, the Village now holds title to Village Hall and has confirmed with representatives of NYS JCAP that the Grant, and the ability of the Village to be reimbursed for items to be used in the Village Justice Court thereunder, is reinstated; and

WHEREAS, the Board has determined that the best interests of the Village and its residents are served by authorizing the expenditure of Village funds to acquire certain items to be stored or installed in, and used for, the Village Justice Court, such items and expenditures to be reimbursed to the Village with Grant funds;

NOW, THEREFORE, the Village be, and it is hereby is, authorized to purchase such furniture, fixtures and personal property for use in the Village Justice Court, in an aggregate amount not to exceed $29,870, as shall be acceptable to the NYS JCAP, and to execute and deliver such documents and instruments as are necessary or appropriate to accomplish same.

7.    Maura Bros.-Catch Basin Work Resolution relating to Change of Public Work Order

After discussion, upon motion duly made by Trustee Comer, seconded by Trustee Baldwin       and unanimously carried, it was RESOLVED, that

WHEREAS, the Village has entered into a public works contract with Mauro Brothers for the repair, rehabilitation and/or replacement of certain catch basins in the Village; and

WHEREAS, upon commencement of the work thereunder, the Contractor has advised the Village that it has discovered complications not reasonably foreseeable prior to opening up surfaces, which require additional repairs and replacement beyond that initially contemplated under the contract, such changes resulting in additional cost to the Village of $1,500; and

WHEREAS, the Board has considered the proposed change order and the work and the cost associated therewith, and finds that the best interests of the Village and its residents are served by authorizing said change order;

NOW, THEREFORE the Village be, and it hereby is, authorized to enter into a change order with Mauro Brothers with respect to the existing contract for repairs, replacement and/or rehabilitation of certain catch basins in the Village, to include additional work, with said change order hereby approved in the amount of $1,500. 

8.     Snow Removal on Sidewalk along Shore Road

After discussion, upon motion of Trustee Baldwin, seconded by Trustee Ficalora, it was unanimously RESOLVED to award the snow removal on the sidewalk abutting Shore Road to Robert Keogh, Inc.

9.     Village Hall fencing

After discussion, upon motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it was unanimously RESOLVED to award the contract for the replacement of fencing at the rear of the Village Hall to Robert Keogh Inc., at a contract cost not to exceed $1,380, awarded by basis of proposal dated December 29, 2015 in the amount of $1,380 and attached herewith as Exhibit B.

10.     Village Clerk

A.      Minutes

On motion of Trustee Baldwin, seconded by Deputy Mayor Comer, it was unanimously RESOLVED that the reading of the minutes of the December 3, 2015 Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb.

On motion of Trustee Baldwin, seconded by Deputy Mayor Comer, it was RESOLVED that the reading of the minutes of the December 21, 2015 Meeting of the Planning Board be waived and they be and hereby are approved as presented by Clerk Whitcomb.

      Mayor Haagenson                  Aye
      Deputy Mayor Comer             Aye
      Trustee Baldwin                      Aye
      Trustee Peckelis                      Aye
      Trustee Ficalora                                  Abstained

11.     Village Treasurer

A.         Abstract of Vouchers

On motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it was unanimously RESOLVED that the Audited Vouchers dated January 7, 2016 for the General Fund totaling $116,352.77  be and hereby are approved as prepared by Treasurer Tuck.

B.  Financial Report

The Treasurer distributed the report on the Profit and Loss Budget vs Actual for June 2015 through November 2015. 

After discussion, upon motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it was unanimously RESOLVED to accept the distributed monthly village account balance reports as presented by Treasurer Tuck.

B.      Justice Court Audit

After discussion, upon motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it was unanimously RESOLVED as follows:

WHEREAS, pursuant to Section 2019-a of the Uniform Justice Court Act, the Board of Trustees of the Village is required to confirm that the records and dockets of the Village Justice Court be audited, and that the fact of that auditing be reflected in the minutes of the proceedings of this Board, and 

WHEREAS, the Village Board has caused the independent auditing firm Skinnon and Faber P.C. (the “Auditor”), to audit and examine the records and dockets of the Village Justice Court, and 

WHEREAS, the Auditor has submitted to the Village its report dated December 10, 2015 of the records of the Village Justice Court required under Uniform Justice Court Act § 2019-a (the “Justice Court Audit Report”), and 

WHEREAS, the Village Board desires to comply with the Uniform Justice Court Act § 2019-a, and to reflect in the minutes of its proceedings that such audit has occurred,            

NOW, THEREFORE, on motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it is unanimously,

RESOLVED, that the Board of Trustees of the Village of Baxter Estates does hereby acknowledge that the audit of the records of the Village Justice Court required under Uniform Justice Court Act § 2019-a has been conducted, and that the Justice Court Audit Report has been received by the Board, and it is hereby further, 

RESOLVED, that the Village Clerk forward to the New York State Office of Court Administration a copy of said Justice Court Audit Report and a copy of this Resolution.

Executive Session 10:17PM

At 10:17PM the Board entered into Executive Session to discuss personnel matters.

At 10:27PM Mayor Haagenson stated that Executive Session had concluded and that no action had been taken.

There being no further business before the Board, on motion of Trustee Baldwin, seconded by Deputy Mayor Comer, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 10:30PM.